inadmissible query- can ex visa officers help
Nov 6th 2002, 11:07 pm
#1
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Thread Starter
Joined: Oct 2002
Posts: 12
inadmissible query- can ex visa officers help
I probably shouldn't have been so selective in my subject title - if you can help or comment, please reply. I thought ex visa officers may be more likely to know the answer?
After much research and document collecting and of course missing the Dec 2003 deadline, we got our skilled worker application lodged in May this year. Our 18 year old daughter is included in the application although she is in two minds about coming. Now, after all our hard work and the stress of waiting......she has managed to get herself a police caution for scanning items of clothing for a lesser price for a colleague in her Saturday job at a department store. The store have a policy to always call the police so they both ended up at the police station very chastened and abject. Strangely enough the store were prepared to keep her on afterwards (she was a quick learner and reliable), but due to embarassment she took references from them and now has a part time job in a major dept store in the West End. She is also at university full time now in her first year. BUT, the caution will be on her police record, I think for 5 years and as I understand it, that will make her inadmissible - thus making my husband- principle applicant inadmissible??? Could you please advise your opinion -particularly ex visa officers? I don;t think we can make a wait of another 5 years - its not like we are 20 something.
NB Our last police certs will be over 6 months old so I believe we need to send in up to date certs if our application is assessed positively, which means her caution will be shown, whereas she had a clean record before.
Mel
After much research and document collecting and of course missing the Dec 2003 deadline, we got our skilled worker application lodged in May this year. Our 18 year old daughter is included in the application although she is in two minds about coming. Now, after all our hard work and the stress of waiting......she has managed to get herself a police caution for scanning items of clothing for a lesser price for a colleague in her Saturday job at a department store. The store have a policy to always call the police so they both ended up at the police station very chastened and abject. Strangely enough the store were prepared to keep her on afterwards (she was a quick learner and reliable), but due to embarassment she took references from them and now has a part time job in a major dept store in the West End. She is also at university full time now in her first year. BUT, the caution will be on her police record, I think for 5 years and as I understand it, that will make her inadmissible - thus making my husband- principle applicant inadmissible??? Could you please advise your opinion -particularly ex visa officers? I don;t think we can make a wait of another 5 years - its not like we are 20 something.
NB Our last police certs will be over 6 months old so I believe we need to send in up to date certs if our application is assessed positively, which means her caution will be shown, whereas she had a clean record before.
Mel
Nov 7th 2002, 12:11 am
#2
Got My PR Card!
Joined: Oct 2002
Location: Ontario
Posts: 75
Don't know if this is any help but I received a police caution in the UK for something a little more severe. A caution IS NOT a criminal record (it says that on the paper I got form the police) so if one wanted to be pedantic you could omit this information from her application. However I made a point of putting it in just to be on the safe side even after 5 years. It did NOT appear on my police certificate at all. And so far my application is going ahead, I'm half way though and have my agreement in principle. I think you need not fret, after all it's hardly the crime of the century is it. If indeed it is a crime. When I had a saturday job many moons ago I was suddenly fired for smoking drugs at the Christmas party. This was a lie (yes I had done dope but not at work! I'm not that stupid!). Anyhow later I found out the same thing happend to another guy (I didn't know him) and then a few months later the same thing happend to a girl. It seems this was a way the management hoped to clean the chaff without any call backs. After I took them to small claims court several people were sacked and they gave me a glowing reference. Odd eh?
I received a formal caution a pice of blue paper was given to me listing the offence. Is this what she got?
These are the two types of caution:
1. A formal warning (which is put on files. If another offence is committed, the police may be influence to charge rather than caution again.)
2. A formal caution (held on files for five years. This can be used against the offender if they commit another offence.)
I think if you and your daughter are honest, "regret this minor mistake" and all that; immigration won't give two figs. Good luck to you all.
I received a formal caution a pice of blue paper was given to me listing the offence. Is this what she got?
These are the two types of caution:
1. A formal warning (which is put on files. If another offence is committed, the police may be influence to charge rather than caution again.)
2. A formal caution (held on files for five years. This can be used against the offender if they commit another offence.)
I think if you and your daughter are honest, "regret this minor mistake" and all that; immigration won't give two figs. Good luck to you all.
Last edited by blaggers; Nov 7th 2002 at 12:13 am.
Nov 7th 2002, 4:55 pm
#3
Guest
Posts: n/a
Re: inadmissible query- can ex visa officers help
Unless the caution is a conviction, there should not be any problem.
However, you may also look at sections of the regulations that indicate that
if there is evidence to indcate that a crime may have been committed. In
this case you should examine the nature of the crime and determine whether
it is a crime in Canada.
--
All responses IMHO and no one else's.
Berto Volpentesta
Member OPIC, Director OPIC
Sidhu & Volpentesta Inc.
Serving People Around the World Since 1991
www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6
Canada
_________________________________________
Berto Volpentesta
+1(416) 398 8882 Office
+1(416) 787 0612 Office 2
+1(416) 892 2916 Cell
e-mail: [email protected]
ICQ#: 50212503
SMS ICQ): +278314250212503
"japple" wrote in message
news:[email protected]...
> I probably shouldn't have been so selective in my subject title - if you
> can help or comment, please reply. I thought ex visa officers may be
> more likely to know the answer?
> After much research and document collecting and of course missing the
> Dec 2003 deadline, we got our skilled worker application lodged in May
> this year. Our 18 year old daughter is included in the application
> although she is in two minds about coming. Now, after all our hard work
> and the stress of waiting......she has managed to get herself a police
> caution for scanning items of clothing for a lesser price for a
> colleague in her Saturday job at a department store. The store have a
> policy to always call the police so they both ended up at the police
> station very chastened and abject. Strangely enough the store were
> prepared to keep her on afterwards (she was a quick learner and
> reliable), but due to embarassment she took references from them and now
> has a part time job in a major dept store in the West End. She is also
> at university full time now in her first year. BUT, the caution will be
> on her police record, I think for 5 years and as I understand it, that
> will make her inadmissible - thus making my husband- principle applicant
> inadmissible??? Could you please advise your opinion -particularly ex
> visa officers? I don;t think we can make a wait of another 5 years - its
> not like we are 20 something.
> NB Our last police certs will be over 6 months old so I believe we need
> to send in up to date certs if our application is assessed
> positively, which means her caution will be shown, whereas she had a
> clean record before.
> Mel
> --
> Posted via http://britishexpats.com
However, you may also look at sections of the regulations that indicate that
if there is evidence to indcate that a crime may have been committed. In
this case you should examine the nature of the crime and determine whether
it is a crime in Canada.
--
All responses IMHO and no one else's.
Berto Volpentesta
Member OPIC, Director OPIC
Sidhu & Volpentesta Inc.
Serving People Around the World Since 1991
www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6
Canada
_________________________________________
Berto Volpentesta
+1(416) 398 8882 Office
+1(416) 787 0612 Office 2
+1(416) 892 2916 Cell
e-mail: [email protected]
ICQ#: 50212503
SMS ICQ): +278314250212503
"japple" wrote in message
news:[email protected]...
> I probably shouldn't have been so selective in my subject title - if you
> can help or comment, please reply. I thought ex visa officers may be
> more likely to know the answer?
> After much research and document collecting and of course missing the
> Dec 2003 deadline, we got our skilled worker application lodged in May
> this year. Our 18 year old daughter is included in the application
> although she is in two minds about coming. Now, after all our hard work
> and the stress of waiting......she has managed to get herself a police
> caution for scanning items of clothing for a lesser price for a
> colleague in her Saturday job at a department store. The store have a
> policy to always call the police so they both ended up at the police
> station very chastened and abject. Strangely enough the store were
> prepared to keep her on afterwards (she was a quick learner and
> reliable), but due to embarassment she took references from them and now
> has a part time job in a major dept store in the West End. She is also
> at university full time now in her first year. BUT, the caution will be
> on her police record, I think for 5 years and as I understand it, that
> will make her inadmissible - thus making my husband- principle applicant
> inadmissible??? Could you please advise your opinion -particularly ex
> visa officers? I don;t think we can make a wait of another 5 years - its
> not like we are 20 something.
> NB Our last police certs will be over 6 months old so I believe we need
> to send in up to date certs if our application is assessed
> positively, which means her caution will be shown, whereas she had a
> clean record before.
> Mel
> --
> Posted via http://britishexpats.com
Nov 7th 2002, 9:11 pm
#4
Just Joined
Thread Starter
Joined: Oct 2002
Posts: 12
Re: inadmissible query- can ex visa officers help
[QUOTE][SIZE=1]Originally posted by Berto Volpentesta
Unless the caution is a conviction, there should not be any problem.
However, you may also look at sections of the regulations that indicate that
if there is evidence to indcate that a crime may have been committed. In
this case you should examine the nature of the crime and determine whether
it is a crime in Canada.
--
All responses IMHO and no one else's.
Berto Volpentesta
Member OPIC, Director OPIC
Sidhu & Volpentesta Inc.
Serving People Around the World Since 1991
www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6
Canada
_________________________________________
Berto Volpentesta
+1(416) 398 8882 Office
+1(416) 787 0612 Office 2
+1(416) 892 2916 Cell
e-mail: [email protected]
ICQ#: 50212503
SMS ICQ): +278314250212503
Thank you for your replies. She has a formal caution that remains on her record for 5 years. I did check the Inadmissibility OP6 manual and it didn't look like it would fit anywhere there- although it is v long so maybe I should double check. It definitely is not a conviction though, so hopefully it won't affect our application- I was also worried as it is so recent - this year.
Mel
Unless the caution is a conviction, there should not be any problem.
However, you may also look at sections of the regulations that indicate that
if there is evidence to indcate that a crime may have been committed. In
this case you should examine the nature of the crime and determine whether
it is a crime in Canada.
--
All responses IMHO and no one else's.
Berto Volpentesta
Member OPIC, Director OPIC
Sidhu & Volpentesta Inc.
Serving People Around the World Since 1991
www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6
Canada
_________________________________________
Berto Volpentesta
+1(416) 398 8882 Office
+1(416) 787 0612 Office 2
+1(416) 892 2916 Cell
e-mail: [email protected]
ICQ#: 50212503
SMS ICQ): +278314250212503
Thank you for your replies. She has a formal caution that remains on her record for 5 years. I did check the Inadmissibility OP6 manual and it didn't look like it would fit anywhere there- although it is v long so maybe I should double check. It definitely is not a conviction though, so hopefully it won't affect our application- I was also worried as it is so recent - this year.
Mel
